STATE Vs. YUDHISTHIRA NANDA

JUDGEMENT

(1.) THIS (suo motu) Revision at the instance, of the learned Sessions Judge, Khurda is directed against the judgment and order dated 5.6.2000 of the learned Judicial Magistrate, First Class, Khurda in G.R. Case No. 752 of 1994 (T.R. No. 1 50 of 1999) by which he has acquitted the opposite party of the offences under Sections 279 and 304 -A, I.P.C.

(2.) THE learned Sessions Judge in course of his inspection of the Court of the concerned Magistrate detected that the opposite party was acquitted of the offences under Sections 279 and 304 -A, I.P.C. because he was not identified as the driver of the offending vehicle. The learned, Sessions Judge found that of the day when the eye witnesses, were examined in Court, the opposite party was represented by his lawyer under Section 317 of the Code of Criminal Procedure and accordingly had no opportunity to identify the culprit.

(3.) IN order to appreciate the point involved, it would be appropriate to state the prosecution case in brief: